Domestic Violence is a worldwide issue that transcends national boundaries, much like ethnic, social, and economic challenges. Everyone underestimates how deeply established abusive conduct is at home. It has significant effects on a person’s wellbeing, especially for women.
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What is Domestic Violence?
Any sort of abuse or violence in the house, such as during a marriage or cohabitation, is referred to as domestic violence (also known as domestic abuse or family violence).
In order to improve social links between UAE families and communities, the UAE created the Family Protection Policy in 2019. Domestic violence, as defined under the policy, is any abuse, assault, or threat against a family member by another family member. The abuser is further defined as a person who harms the victim physically or psychologically by acting outside of their care, purview, or power.
Protection against domestic abuse legislation:
Domestic abuse is protected under Federal Decree-law No. 10 of 2019 Articles 7, 8, and 9. Six types of domestic abuse are included in the Family Protection policy. As follows:
- Any bodily contact that injures or traumatizes the victim, even if no marks are left behind, is considered physical abuse.
- By using verbal aggressiveness, verbal attack, verbal assault, psychic aggression, or psychic violence against the victim, one commits verbal abuse.
- Any action or verbal abuse that causes the victim emotional anguish qualifies as psychological/mental abuse.
- Sexual abuse is any behavior that results in the victim being sexually assaulted, harassed, or exploited in any way.
- Any act that restricts the victim’s freedom or right to dispose of his or her possessions with the intention of harming him or her is considered economic or financial abuse.
- Any act of not performing your spousal obligation is negligence.
Policy on Family Protection
Women, children, the elderly, and persons of determination are all protected from all forms of violence and abuse by the Family Protection Policy. The policy lays forth the guidelines, procedures, and norms for organizations and government agencies that assist victims of domestic abuse.
The following mechanisms form the foundation of the policy:
- statutes and rules
- both defense and action
- prevention and public education
- boosting employee competency and training
- statistics, studies, and research.
As part of the policy, the government has a number of activities planned.
- creating a uniform system for accepting and reporting complaints at the federal level,
- creating a uniform database that incorporates national-level family protection institutions,
- creating academic specializations in family protection
- establishing and carrying out fundamental preventative measures,
- the creation of legislation and a plan of action for family defense.
Security Order
The public prosecution authority has the authority to issue a protection order in accordance with the policy and at the victim’s request. To safeguard the victim’s physical appearance, psychological health, and financial situation, a protection order is granted against the abuser. The following might be mentioned in the protection order:
- The defendant is not allowed to see the complaint’s right.
- The defendant is forbidden from going to any of the locations listed in the protection order, as well as any specific places or regions designated for the complainant’s safety.
- That the offender is prohibited from mistreating the complainants’ or any member of their family’s private property.
- The complainant’s personal belongings may be collected by the complainant or a designated representative.
Any additional actions the Public Prosecution determines are required to guarantee the effective protection of the complainant or any other connected party who could suffer harm as a result of the connection.
The term of the protection order is specified under Article 7 of the UAE Domestic Violence Law. The first 30-day duration of the protective order may be extended twice more. The third extension, however, can only be given for a maximum of six months. Within seven days of the protection order’s issuance, any party may submit a petition challenging the restraining order.
Fines and Penalties
The penalties and fines are described in Articles 8 and 9 of the Domestic Violence Law. According to Article 8, if the defendants violate the protection order, they may be subject to a fine of AED 1000 to 10,000 as well as a sentence of 3 to 6 months in jail. The sentence may be quadrupled if the court learns about the violence used during the breach.
Domestic violence
Domestic violence is defined as any act of physical, psychological, sexual, or material abuse under Article 9 of the Domestic Violence Law. The perpetrator of such offences is subject to a maximum 6-month sentence in jail as well as a fine of AED 5,000. The sentence may be doubled if the defendants commit the same offence within a year after their first offence.
Both parties have the option to resolve their differences amicably through penal reconciliation under Article 10 of the Domestic Violence Law. The Criminal Procedural Law No. 35 of 1992, which establishes the guidelines and process for peaceful resolution, is mentioned in the article.
You may report domestic abuse to the police in a number of ways if you come across someone who is experiencing it. You may also report on the website for the Ministry of Community Development.
Conclusion:
Domestic abuse is not tolerated by the UAE government, and offenders are frequently subject to harsh punishment. There are several actions one may take to report domestic violence through the mechanisms the government has set up. Our experienced domestic abuse attorneys at Sara Advocates and Legal Consultants can also assist you in obtaining justice. Those who have been falsely charged may also look for assistance in court.
